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UNITED STATES v. CALLANAN

No. 2815.

113 F.Supp. 766 (1953)

UNITED STATES v. CALLANAN et al.

United States District Court E. D. Missouri, S. E. D.

July 17, 1953.

Attorney(s) appearing for the Case

William W. Crowdus, U. S. Atty., Ted Bollinger, Jr., Asst. U. S. Atty., and Marvin C. Hopper, Ass't U. S. Atty., of St. Louis, Mo., Troy B. Conner, Jr., Special Ass't to the U. S. Atty., of Arlington, Va., for plaintiff.

Morris Shenker, of St. Louis, Mo., for defendant Callanan.

Mark M. Hennelly, of St. Louis, Mo., for defendant Bianchi.

John R. Oliver, of St. Louis, Mo., for defendant Lawler.

Philip A. Foley and Wm. J. Hough, of Clayton, Mo., for defendant Secor.

Edward K. Schwartz, of St. Louis, Mo., for defendant Thompson.

HULEN, District Judge.

Defendants move to dismiss the indictment because it does not specify the offense attempted to be charged and employs vague and indefinite terms. This assignment raises a serious issue. The rules on pleading in criminal cases and requirement of an indictment are well known. Generally they are:

"to furnish the accused with such a description of the charge against him as will enable him to make his defense, and avail himself of his conviction...

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